header-logo header-logo

24 July 2013 / Barnaby Yates , Ross Risby
Issue: 7570 / Categories: Features , Procedure & practice , Costs
printer mail-detail

A waste of time?

172307436

Ross Risby & Barnaby Yates report on the limited nature of a litigation solicitor’s potential exposure to litigation costs

In Mengiste v Endowment Fund for the Rehabilitation of Tigray [2013] EWHC 1087 (Ch), Peter Smith J considered the first stage of an application by the defendants for a wasted costs order, based on the conduct of the claimant’s solicitors in pursuing what the defendants characterised as hopeless litigation. The claimants’ claim, which concerned the disputed acquisition of shares in an Ethiopian company, hinged on expert evidence to establish that there was a real risk that they would not obtain a fair trial if the dispute was heard by the courts in Ethiopia. Peter Smith J rejected the claimant’s expert evidence as tendentious and acceded to the defendants’ application for a stay of the High Court proceedings.

In seeking wasted costs, the defendants argued that the claimants’ solicitors should not have allowed the expert’s flawed reports to be relied on to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll